Brown v. Thompson, et al.
| Docket Number: | 2004-CA-01703-SCT Linked Case(s): 2004-CA-01703-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-02-2006 Opinion Author: Cobb, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Political subdivision - Employment status Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley and Graves, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 07-30-2004 Appealed from: Bolivar County Circuit Court Judge: Larry O. Lewis Disposition: The trial court dismissed the case finding the Sheriff’s Department was not a proper defendant under the MTCA, and Thompson was immune from suit. Case Number: 2003-0107 |
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| Note: | Appellant's Motion to Strike Portions of Appellees' Principal Brief is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Rodney Brown |
MARK T. FOWLER, T. JACKSON LYONS |
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| Appellee: | Michael A. Thompson and the Bolivar County Sheriff's Department | DANIEL JUDSON GRIFFITH, BENJAMIN E. GRIFFITH |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Political subdivision - Employment status |
| Summary of the Facts: | Rodney Brown was injured in an automobile accident with Deputy Michael Thompson of the Bolivar County Sheriff’s Department. Brown filed suit seeking actual and compensatory damages and naming the Sheriff’s Department and Thompson as defendants. The trial court dismissed the case, and Brown appeals. |
| Summary of Opinion Analysis: | Issue 1: Political subdivision Brown argues the Sheriff’s Department is a political subdivision within the meaning of the Tort Claims Act, and therefore the case should not have been dismissed. A governmental entity, including a political subdivision, against which a money judgment is sought must be named as a defendant, unless the action is brought solely against an employee acting outside the scope of his employment. A Sheriff’s Department is not explicitly referred to as a governmental entity in the non-exhaustive list set forth in the Tort Claims Act, but the terms “governmental entity” and “political subdivision” are used interchangeably. This is a case of first impression. Pursuant to the language of the Tort Claims Act, as well as other pertinent statutory law and case law, sheriff’s departments are not political subdivisions within the meaning of the Act. The case was properly dismissed for failure to name a political subdivision defendant. Issue 2: Employment status Brown argues that the issue of whether Thompson is an employee of Bolivar County or the Sheriff’s Department was not raised below, and therefore cannot be considered on appeal. There is a procedural bar to considering issues not first raised at trial. However, this procedural bar clearly applies only to an issue never raised below, which is not the same as a different argument pertaining to the same issue. Brown’s assertion that the Sheriff’s Department has not previously raised the question of whether Thompson is exclusively an employee of Bolivar County, and not an employee of the Sheriff’s Department, is incorrect. This is simply another way to argue that the Sheriff’s Department is not a political subdivision. |
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